Spade v. Select Comfort Corp., 232 N.J. 504 (2018). [Disclosure: My partner Susana Cruz Hodge and I submitted an amicus curiae brief in support of the plaintiffs in this case, on behalf of the Consumers League of New Jersey]. This ...
Unsuccessful litigants sometimes try to persuade appellate courts to reconsider and amend or reverse their decisions. Rarely does that succeed. On this day in 1972, however, the Supreme Court, acting on new information provided not by a losing party, but ...
City Select Auto Sales, Inc. v. David Randall Associates, Inc., 885 F.3d 154 (3d Cir. 2018). This Telephone Consumer Protection Act (“TCPA”) case, involving unwanted faxes, was tried to a jury as to the individual defendant, the former president and ...
State Farm Guaranty Ins. Co. v. Hereford Ins. Co., 454 N.J. Super. 1 (App. Div. 2018). Following an auto accident, the two insurance company parties to this appeal had a dispute about the reimbursement of personal injury protection (“PIP”) benefits. ...
The Supreme Court announced four more cases that will come before it. The subject matters, and the paths that the cases took to reach the Court, are quite varied. Sun Life Assurance Co. of Canada v. Wells Fargo Bank, N.A. ...
State of New Jersey in the Interest of N.P., 453 N.J. Super. 480 (App. Div. 2018). This decision by Judge Messano addresses four appeals involving seven different juveniles. The broad issue presented was “whether a juvenile complaint charging a crime ...
Estate of Yearby v. Middlesex County, 453 N.J. Super. 388 (App. Div. 2018). Today’s snowstorm offered the opportunity to circle back, belatedly, to this opinion by Judge Fuentes, which was issued on February 27. Plaintiffs’ decedent, who was allegedly mentally ...
Lee v. Brown, 232 N.J. 114 (2018). [Disclosure: My firm, Lite DePalma Greenberg, LLC, represented certain defendants in this case who were dismissed from the case on motion prior to the appeal that is the subject of this post] Today’s ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...
Green v. Monmouth University, 452 N.J. Super. 542 (App. Div. 2018). Today’s opinion by Judge Leone affirmed summary judgment in favor of defendant Monmouth University under the Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11 (“the Act”). Judge Ostrer joined in ...